On Thu, Aug 5, 2010 at 11:52 AM, Rob Myers <r...@robmyers.org> wrote: > On 08/05/2010 03:50 PM, Anthony wrote: >> >> I say such a definition is not possible to create. > > Then why are you asking for one?
Because I wanted to see which one you were talking about. 1, or 2, not both. > It is trivial to define geodata as geographical data in database form. A > rendered map isn't geodata because it isn't in database form. And OSM is more than just geographical data. A way isn't geographical data. >>> The fixed form is different. The fact that one is a database (that may >>> not >>> attract copyright) and the other a picture (that may be covered by >>> specific >>> map-related copyright) is legally as well as philosophically significant. >> >> And what's that difference? > > The fixed form. If you mean what is the significance, different forms have > different rights and coverage in copyright law (including none). A database on a hard drive *is* in a fixed form. "Fixed" doesn't mean "can't be edited", at least not in the sense it's used in copyright law. >> POIs, fine. Ways, which represent roads, no. A way is not merely an >> uncreative collection of facts. > > Yes, OSM is a stack or a layer cake. POIs - DB right. Ways - DB right and > *maybe* copyright. Maps - copyright. So you agree I'm *maybe* right, you're just not sure? Fine, I'll take it. >> There is selection, as to which facts >> to express, and there are even deviations from facts, when the pure >> facts wouldn't look right (consider the merging of two roads, for >> example). > > But there are no categories in the database like "fun roads to look for > cakes on" or "purple roads". The selections are determined by the externally > defined criteria for categorising and naming roads. There is selection within a single way. What nodes to use to represent the way. >>> Consider a written musical score and a recording of a performance of that >>> score. The score is not the performance, and there are different laws and >>> aspects of the law covering the two fixed forms. >> >> And both are subject to copyright law. Good analogy. > > Given that it's a good analogy, I assume my point that the two are regarded > as different forms with different degrees and extents of rights by copyright > law has some bearing on the relationship between geographical databases and > cartographic images? No. There is no equivalent to Section 114 of the US code (http://www.copyright.gov/title17/92chap1.html#114) for geographical databases or cartographic images. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
